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Dennis Rubin and DC Fire Win Another One

A jury in the District of Columbia has ruled in favor of former Fire Chief Dennis Rubin and the DC Fire Department in the highly controversial lawsuit, Theresa Cusick v. District of Columbia. Cusick was the former General Counsel for DCFD.

Back in 2007, Chief Rubin requested that Cusick be transferred just 3 months after his appointment. Among other things, Chief Rubin cited her allegedly unprofessional attitude and inappropriate use of offensive street vernacular. Cusick claimed that Chief Rubin removed her as punishment after she told him about concerns she had relating to Assistant Chief Brian Lee.

After her transfer, Cusick filed suit in DC Superior Court claiming a whistleblower violation. You may recall that portions of Chief Rubin’s videotaped deposition were allegedly leaked by Cusick’s lawyers to a whistleblower group that produced an edited and narrated YouTube video.  By the way, does the DC Bar really allow attorneys to use YouTube and other social media outlets to attack the character of witnesses in ongoing litigation?

The video didn’t seem to influence the Superior Court jury too much as they handed down their verdict Tuesday. It is the second major legal victory for the embattled former chief in the past week. Last Friday, a Federal Court granted him and the District of Columbia a summary judgment in a suit brought by a Black female fire captain, Vanessa Coleman, who claimed race and sex discrimination, along with 1st Amendment and whistleblower violations. More on that story.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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5 Comments

  1. Well Curt….you definitely are Pro Rubin and also appear to not elaborate on both sidesof the case, which to me makes you seem overly biased towards Rubin…

    You call Rubin a friend which is your right to do, but if I had a friend who was arrogant and was caught on video blatantly lying about being threatened(because the employee was terminated and had his livelihood affected) and its proved I didn’t threaten him or anyone else…trust me…I’d take a deep look at myself and what traits I look for, before I call someone my friend….After watching his deposition videos, its quite clear Mr Rubes has NO PROBLEMS using vulgar words…Just look at the tweets about me on his Twitter account….So don’t think for a second, those videos don’t shed light on Mr.Perfect…

    After speaking with the Defendant a mere 2 minutes ago, I can assure you one thing is that could come soon…an appeal….Ms. Cusick’s attorney, I can assure you was not impressed with the judge in the case…There’s good and bad in all professions and the courtroom is no different….

    Curt, since this is a one sided post from your end and you probably don’t have the information to post on your blog ALL pertinent facts of the case, be mindful before you praise this victory for Mr. Rubes, the jury did find Ms Cusick a Whistleblower and that her disclosures were a contributing factor in her termination.

    Also, the jury said, even if Ms. Cusick wasn’t a whistleblower, she would have been terminated..That makes alot of sense right there, considering the lack of evidence to support that theory…The jury must have just as clueless, as Mr Rubes once called himself……If she would have been terminated, then why was she given another job in her capacity as an attorney and within the DC GOV…..Seems her boss David Rubenstein had much to protect for not only himself, but also the District of Columbia….

    And Curt…the videos WERE NOT leaked to anyone…Rubin and his appointed attorney AGREED to have a camera present during the deposition…..nothing illegal or wrong with that sir….But as I said in your previous posting of Rubin….he’s like the kid in the candy store who steals the same candy bar week in and week out and gets away with it….eventually you get caught….So beat your chest Rubes…it aint over!!!

  2. I’m sure your friend has given you an earful of untruthful things about me, so I wouldn’t expect you to side or even remotely engage in a two sided discussion that talks about the entire case and not just one side of it…..

    Remember, this is a case of Theresa Cusick v. District of Columbia, where Dennis L. Rubin is one of the Defendants……Even if the District was found at fault, what really happens to Mr. Rubes…absolutely nothing, hence why I say, his day will eventually come…just because a jury is not swayed by his arrogance on the stand, his inability under oath to answer questions truthfully the first time or by a few videos that show he’s less than credible, doesn’t mean for one minute your friend is of great ethical and moral character…

    Like I said, if you find someone who blatantly lies about someone threatening him, as Rubin did on camera during a deposition while covering his face and has his attorney stop him, as to not further incriminate himself a friend, then I would question you on what values you look for in a friend….maybe a person who is less than truthful and has affected a firemans livelihood, is a friend to you…who knows…

    So for now…he can continue his arrogant ways and beat his chest that he’s a winner….because oneday…..oneday..he’ll be in court and it will be just Dennis Lynn Rubin v. Plaintiff and he’ll have to provide for his own attorney and where the verdict will be for or against him, then he can brag about how well his record is in court…..

  3. Hey HOOKMAN,
    I am curious. Could you elaborate on both sides of the case with all of the pertinent facts? I would ask that it be done in as non predjudicial language as you can i.e. Rubes, or Rubenstein. I dont have any preconcieved feelings, ideas or knowledge of the case(s) but I am curious to what happened.

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